NEW YORK (AP) 鈥� A former New York City police sergeant was sentenced Thursday to three to nine years in prison for tossing a full of ice and drinks at a fleeing suspect, who then crashed his motorized scooter and died.
Erik Duran, 38, was in the 2023 death of 30-year-old Eric Duprey. The ex-sergeant said he was trying to protect other officers from the approaching scooter. He is the first former NYPD officer sentenced to prison for an on-duty death in at least two decades.
鈥淚 took this job to save lives. I felt terrible once I saw Eric Duprey crash,” Duran told a Bronx judge, saying he 鈥渄id everything he could鈥� to attend to the man’s injuries.
鈥淚 never wanted this to happen,鈥� he added, apologizing to Duprey’s family in Spanish as a court interpreter translated.
Duprey’s mother, Gretchen Soto, wept as Duran spoke. Earlier, she told the court: “There are no words to express what I feel.鈥�
Judge Guy Mitchell said he did not accept the ex-sergeant鈥檚 defense that his actions were justified, concluding that Duran hurled the cooler because he 鈥渨as upset that Mr. Duprey was getting away.鈥� If there was no cooler, the judge said, Duprey 鈥渨ould have driven by鈥� Duran and 鈥渃ould鈥檝e been captured another day.鈥�
Duran was immediately taken into custody after sentencing. His lawyer, Arthur Aidala, said he will ask a court to free Duran on bail while he appeals.
“Nobody鈥檚 above the law,鈥� a woman shouted in a courthouse hallway after the sentence was announced.
Afterward, Soto and Duprey’s partner, Pearl Velez, said they did not accept Duran鈥檚 apology.
鈥淗ow you gonna say sorry now?鈥� Velez said.
Duran’s union, the Sergeants Benevolent Association, said thousands of officers signed an online petition calling for him to be spared prison.
鈥淭oday will forever be the darkest day of our profession,鈥� union president Vincent Vallelong said. Duran鈥檚 prison sentence, he said, 鈥減uts in the back of a police officer’s mind that they can lose their freedom鈥� for making a split-second decision.
Officers in NYPD jackets packed the courtroom gallery, while a couple dozen protesters outside demanded justice for Duprey.
Duran’s sentence, less than the maximum of five to 15 years, matched what prosecutors with state Attorney General Letitia James鈥� office had sought. Prosecutor Joseph Bianco said the ex-sergeant recklessly caused Duprey’s death and attempted to cover up his actions.
Defense lawyer Andrew Quinn argued for no prison time, calling Duprey鈥檚 death the 鈥渦nintended and tragic consequences鈥� of a 鈥渞eckless decision鈥� Duran made in a span of 2.5 seconds.
Duran grew up in the Bronx and led a 鈥渕odel, exemplary life鈥� prior to Duprey’s death. A married father of three, he joined the NYPD because he wanted to make the borough 鈥渃leaner and safer for the kids who came after him,鈥� Quinn said.
鈥淗e is now the cooler cop,鈥� Quinn said.
Duran was part of a narcotics policing unit that conducted a 鈥渂uy-and-bust鈥� operation in the Bronx on Aug. 23, 2023. Police said Duprey sold drugs to an undercover officer, then tried to flee on a scooter.
Duprey driving the motorized scooter on a sidewalk toward a group of people. As he approached, the then-sergeant 鈥� who wasn’t in uniform 鈥� picked up a bystander’s cooler and threw it.
The container struck Duprey, who lost control of the scooter, slammed into a tree and crashed onto the pavement. Duprey was not wearing a helmet. He sustained and died almost instantly, according to prosecutors.
They argued Duran had enough time to warn others to move, but instead hurled the cooler because he was angry.
Duran, however, at his trial that he made a quick decision to keep other officers safe from the scooter speeding toward them.
鈥淗e was gonna crash into us,鈥� Duran said then, adding 鈥渁ll I had time for was to try again to stop or to try to get him to change directions.鈥�
Duran opted to have Judge Mitchell, not a jury, decide the case.
Duran worked for the NYPD for 13 years before the crash, which spurred his suspension. He was fired after his conviction in February.
Duprey was a delivery driver and had three young children. Soto, who said she was on a video call with him right before he died, has that he sold drugs and fled from officers.
She told the judge Thursday her son 鈥渋s not just a name, not just one more case.鈥�
鈥淚t is an unjust incident,” Soto said through a Spanish interpreter. “As a mother, I have to miss him now every day.鈥�
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Associated Press writer Jennifer Peltz contributed to this report.
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